Bill Text: DE HB307 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Titles 12 And 16 Of The Delaware Code Relating To Escheats.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-14 - Introduced and Assigned to Health & Human Development Committee in House [HB307 Detail]
Download: Delaware-2009-HB307-Draft.html
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SPONSOR: |
Rep. Oberle & Sen. Blevins |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 307 |
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AN ACT TO AMEND TITLES 12 AND 16 OF THE DELAWARE CODE RELATING TO ESCHEATS. |
Section 1.Amend §1198(11), Title 12 of the Delaware Code by renumbering the present §1198(11)(xiii) as
§1198(11)(xiv) and inserting a new §1198(11)(xiii) to read as follows:
"(xiii) unrefunded deposits, net of any recycling costs mandated by Chapter 60 of Title 7 of the Delaware Code, on cans, bottles, or other containers;".
Section 2.Amend §1198(11), Title 12 of the Delaware Code by adding a new subparagraph "c." to read as follows:
"c. All unrefunded deposits received pursuant to item (xiii) of this paragraph shall be deposited into the Food Bank Support Fund established with the Office of Management and Budget.".
Section 3.Amend Title 16 of the Delaware Code by adding a new Chapter 103 to read as follows:
"Chapter 103.Food Bank Support Fund
§ 10301.Purpose.
The
purpose of this chapter is to provide a secure ongoing funding source for
not-for-profit food banks and food closets that have a demonstrated history of
serving
§ 10302.Funding.
There is hereby established within the Office of Management and Budget a special fund known as the ‘Food Bank Support Fund'.
§ 10303.Admininistration.
The Food Bank Support Fund shall be administered jointly by the Director of the Office of Management and Budget and the Secretary of the Department of Health and Social Services, the responsibilities of which shall consist of:
1) developing an application process for not-for-profit organizations interested in receiving funding;
2) determining the eligibility of applicants;
3) awarding funds to eligible applicants; and
4) other duties necessary to the proper administration of the program.
§ 10304.Eligible Recipients.
Distributions from the Food Bank Support Fund are available only to food banks and food closets having been in continuous operation for a period of no less than two years immediately prior to the adoption of this Act.
§ 10305.Distribution of Funds.
For fiscal years beginning after June 30, 2010, funds shall be distributed annually according to a process whereby each approved applicant receives a pro-rated share of total funds available.Pro-rated shares shall equal the percentage of total statewide food bank clients served by each respective approved applicant.
§ 10306.Reporting Requirements.
The Director of the Office of Management and Budget and the Secretary of the Department of Health and Social Services shall issue a report no later than November 15 each year to the House Health and Human Development Committee and the Senate Health and Social Services Committee.The report shall cover operations for the most recently completed fiscal year and shall provide the names and funding levels of each recipient of funds and a description of the processes used to determine funding eligibility and the levels of funds granted to approved applicants.".
Section 4.Section 1 of this Act shall be effective upon enactment and shall apply to deposits that were received by the holder after December 31, 2003, and which have reached a full period of dormancy on or after December 31, 2009, and which become reportable in 2010 and thereafter.Sections 2 and 3 of this Act shall be effective upon enactment.
SYNOPSIS
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This Bill clarifies the General Assembly's intent to escheat unrefunded bottle deposits held by any holder and further specifies that all unrefunded bottle deposits escheated to the State are to be used to support the operation of not-for-profit food banks. |
